Ordinance No. 11,496ORDINANCE NO. 11,496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
VIII "LIMITS ON ENFORCEMENT" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO CLARIFY AND ADD CERTAIN DEFINITIONS TO
ENACT THE WILL OF THE VOTERS; PROVIDING A SAVINOS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
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WHEREAS, the City Council of the City of Baytown on August 24, 2010, ordered a
special election to be held on November 2, 2010, for the purpose of submitting to the electors a
proposed initiative ordinance, which limits the use of traffic law photo - monitoring devices
within the City of Baytown; and
WHEREAS, on November 2, 2010, a uniform election date, voters within the City voted
upon the proposition enumerated hereinbelow; and
WHEREAS, on November 15, 2010, the City Council of the City of Baytown canvassed
the results of the initiative ordinance election and found the votes cast were as follows:
PROPOSITION NO. 1
The initiative ordinance limiting the use of traffic law photo- monitoring devices within
the city_
For 6,357 votes
Against 4,507 votes; and
WHEREAS, because the majority of the electors voting on Proposition No. I voted in
favor thereof, the initiative ordinance was passed by the City Council on November 15, 2010,
immediately prior to the passage of this ordinance; and
WHEREAS, acting in good faith and not in derogation of any law or contract, the City
Council of the City of Baytown believes that it is necessary and proper for the good of the
government and its citizens to amend such initiative ordinance in order to enact the will of the
voters by amending and clarifying the terms used in the initiative ordinance in order to ensure
that purpose of the same as expressed therein is given effect; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true and such recitals are hereby approved and made a part of this ordinance for all purposes
and are adopted as a part of the judgment and findings by the City Council of the City of
Baytown, Texas.
Section 2: That Chapter 94 "Traffic and Vehicles," Article VIII "Limits on
Enforcement" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VIII. LIMITS ON ENFORCEMENT
Sec. 94 -341. Purpose.
(a) It is the purpose of this article to limit the conditions under which a ticket may be issued
for a qualified traffic law violation detected by the use of a traffic law photo- monitoring
device.
(b) This article shall apply within the corporate boundaries of the city.
Sec. 94 -342. Definitions.
The following terms and phrases, when used in this article, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning:
Automated traffic control system has the meaning assigned in V.T.C.A., Transportation
Code §542.2035.
Law enforcement officer means any peace officer as defined by the V.T.C.A., Code of
Criminal Procedure art. 2.12.
Motor vehicle or vehicle has the meaning assigned by in section 94 -301 of this chapter.
Qualified traffic law violation means a violation of any of the following:
(1) any state or local law relating to complying with a traffic control signal or a
railroad crossing sign or signal; or
(2) any state or local law limiting the speed of a motor vehicle.
Railroad sign or .signal has the meaning as assigned by V.T.C.A., Transportation Code
§541.304.
Recorded image has the meaning as assigned in section 94 -302 of this chapter.
Ticket means any traffic citation, summons, or other notice of liability (whether civil or
2
criminal) issued in response to an alleged qualified traffic law violation detected by a traffic law
photo- monitoring device.
Traffic control signal has the meaning as assigned by section 94 -302 of this chapter.
Traffic laiv photo - monitoring device means a
(1) system that:
a. consists of a camera system and vehicle sensor installed to exclusively
work in conjunction with (i) an electrically operated traffic- control signal
or (ii) an electrically operated railroad sign or signal; and
b. is capable of producing at least two recorded images that depict the
license plate attached to the front or the rear of a motor vehicle that is not
operated in compliance with the instructions of such traffic- control signal
or railroad sign or signal;
or
(2) an automated traffic control system used to remotely enforce compliance with
posted speed limits.
Sec. 94 -343. Condition limits.
"The city, including its various boards, agencies, departments, or assignees shall not use
any traffic law photo- monitoring device for the enforcement of a qualified traffic law violation,
unless a law enforcement officer is present at the time and location of the violation and observes
such.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this oubmwce to be publkhed in the o0lchl ne"spaper of the Oty of Bylown at
least tivice Win ten (10) days at"Ier passage of this orchnance.
INTRODU( J), READ, and PASS � 1) by the affirillative c of' tile (Ity Council of* tile
Chy of Hapown, dlis dw 15" day orNovernba, 2010. xr
IT H. DONCINITIMS, Maym
AITEST Ik Nor
I "IGN-ftogo
APPROVUD ASTO F'ORNI:
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